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Supreme Court of India

K RAMASWAMY

1,805 judgments delivered by benches including this judge — showing 601–800.

BODDULA KRISHNAIAH AND ANR.versusSTATE ELECTION COMMISSIONER, A.P. AND ORS.

1996 INSC 41420 March 1996Appeal(s) allowed

The dispute arose from the Gram Panchayat elections in Nalgonda district, Andhra Pradesh, where the names of about 94 persons were deleted from the draft electoral roll. The affected persons filed a writ petition seeking to be allowed to vote. The High Court initially ordered that they could participate, but the electi

WELFARE ASSOCIATION, SECTOR 7, URBAN ESTATE, FARIDABADversusRAJIV KAPOOR AND ORS.

1996 INSC 41520 March 1996Disposed off

The Welfare Association filed a civil suit seeking a perpetual injunction to prevent the conversion of a designated green belt in Sector 7, Faridabad, into a petrol pump operated by Rajiv Kapoor and others. The trial court initially granted an ad‑interim injunction, later vacated it, but on revision the District Judge

SHANKAR BALWANT LOKHANDEversusCHANDRAKANT SHANKER LOKHANDE

1995 INSC 18720 March 1995Appeal(s) allowed

The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply non‑judicial stamps.

BASHIR AHMEDversusMEHMOOD HUSSAIN SHAH.

1995 INSC 18820 March 1995Appeal(s) allowed

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan

HARYANA STATE ELECTRICITY BOARD AND ANR.versusRAM GOPAL AND ANR.

1995 INSC 18920 March 1995Appeal(s) allowed

The respondents, Assistant Linemen, challenged a new promotion policy issued on 10 October 1988 that replaced the earlier rule reserving 15% of Lineman promotions for Assistant Linemen with Matriculation and L.T.I. The trial court dismissed their suit, the appellate court set aside that decision, and the Punjab and Har

SHRI SHIVJIversusSHRI RAGHUNATH (DEAD) AND ORS.

1997 INSC 17020 February 1997Dismissed

The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule against perpetuity. The

RANA PRATAP SINGHversusSTATE OF U.P. AND ORS.

1997 INSC 17120 February 1997Dismissed

The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or more up to 30 Septem

N. MURLEEDHARAN AND ORS. ETC.versusTHE STATE OF KERALA AND ORS.

1997 INSC 17220 February 1997Dismissed

The appellants, Kerala recruits in the Land Revenue Department, challenged the validity of the Special Rules issued by the Government of Kerala on 16 June 1980, which retrospectively required Lower Division Clerks to pass certain promotion tests dating back to 1963 and 1964. The Kerala High Court struck down those rule

STATE OF HARYANAversusDR. A.K. SINHA

1997 INSC 17320 February 1997Appeal(s) allowed

Dr. A.K. Sinha, an IAS officer allotted to the Haryana cadre, obtained a Ph.D. in 1979 and sought four advance increments under Rule 2(b) of the All India Services (Conditions of Service) Rules, 1960. The Haryana State Government denied the request, but the Punjab & Haryana High Court directed the State to grant the in

BHOLA NATH MISRAversusRAJENDRA PANDEY AND ANR.

1997 INSC 17420 February 1997Dismissed

The Supreme Court examined a civil appeal concerning a decree that granted a perpetual injunction against the appellant and a second defendant in a land dispute. The decree against the second defendant had become final because he did not contest it, while the appellant appealed the decree. The Allahabad High Court dism

THE STATE OF HARYANA AND ORS.versusRAM KUMAR MANN

1997 INSC 17520 February 1997Appeal(s) allowed

The respondent, a Smallpox Supervisor in the Haryana Health Department, resigned to contest state assembly elections and his resignation was accepted. After losing the election, he applied to withdraw his resignation, but the application was rejected, leading him to file a writ petition. The Punjab & Haryana High Court

SMT. KAMESHWARI DEVI @ KALESHWARI DEVIversusSMT. BARHANI (DEAD) BY LRS. AND ORS.

1997 INSC 17620 February 1997Dismissed

The appellant, Kameshwari Devi, was a minor when a partition suit (Suit No. 178/57) was filed in 1957 concerning the estate of her father, Bigan Kumhar. A court‑appointed guardian represented her, and the suit resulted in a decree granting a 1/42 share to each branch, based on a registered partition deed (Phatbandi). A

SATISH KUMARversusZARIF AHMED AND ORS.

1997 INSC 17720 February 1997Appeal(s) allowed

The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease deed could not be a

MIS. NEW KENILWORTH HOTEL (P) LTD.versusORISSA STATE FINANCE CORPORATION AND ORS.

1997 INSC 4120 January 1997Dismissed

M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a single Judge of the O

STATE OF RAJASTHANversusDINESH KUMAR BHARTI

1997 INSC 4220 January 1997Appeal(s) allowed

The State of Rajasthan terminated the service of Dinesh Kumar Bharti, an ad‑hoc teacher appointed on 30 September 1970, after a Screening Committee under Rule 25 of the Rajasthan Service Rules, 1951 found him unfit for regularisation. Bharti challenged the termination; the trial court upheld it and the appellate court

STATE OF ANDHRA PRADESHversusSHRI S. VISHW ANATHA RAJU ETC. ETC.

1995 INSC 7120 January 1995Appeal(s) allowed

The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the vendor and the vende

BAKHATAWARversusSHRI SATNARAIN ATID ORS.

1996 INSC 152319 December 1996Appeal(s) allowed

Shri Neki, a tenant of demised agricultural land for over 50 years, paid one‑third of the crop produce as rent to the landlord's agent. In 1978 the rabi crop failed and he could not pay the share, but later paid the amount. The landlord's General Power of Attorney (GPA) filed an eviction application under Section 9 of

JAGANNATHversusSHRI YUGAL NARAIN PUROHIT, ADV. AND ORS.

1996 INSC 152419 December 1996Dismissed

The appellant Jagannath challenged a sale of property made by the insolvent Bhadarmal to the respondent Yugal Narain Purohit on May 17, 1958, seeking a declaration under Section 53 of the Provincial Insolvency Act that the transfer was fraudulent. The trial court, a single judge and a division bench of the Rajasthan Hi

THE STATE OF PUNJABversusSARWAN SINGH

1996 INSC 134219 November 1996Appeal(s) allowed

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana High Court convicted th

S.K. SINGHversusCENTRAL BANK OF INDIA AND ORS.

1996 INSC 120119 October 1996Dismissed

S.K. Singh, a Branch Manager of Central Bank of India, was removed from service after an enquiry found a cash shortfall of Rs. 20,000. He challenged the removal, arguing that the disciplinary authority had not supplied him with a copy of the enquiry report, which he claimed rendered the action illegal. The High Court,

U.P. STATE INDUSTRIAL DEVELOMENT CORPORATION LTDversusSTATE OF U.P. AND ORS.

1994 INSC 47019 October 1994Appeal(s) allowed

The Collector of Uttar Pradesh passed awards determining compensation for land acquired by the U.P. State Industrial Development Corporation Ltd. Some claimants accepted the compensation, while others protested and obtained enhanced awards from the District Judge under Section 18 of the Land Acquisition Act. The State

KUMUD LATA DASversusINDU PRASAD

1996 INSC 107619 September 1996Appeal(s) allowed

The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the ex‑parte decree as a

P.A.THOMAS AND ANR.versusM. MOHAMMED TAJUDDIN AND ANR.

1996 INSC 107719 September 1996Dismissed

The appellant, P.A. Thomas, was let an open land under a lease and later converted his sole proprietorship into a partnership named 'P.A. Thomas and Co.' with his son and another partner. The Supreme Court examined whether, under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, the appellant remained a

DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.

1996 INSC 107819 September 1996Dismissed

The Supreme Court examined the absorption of staff from the H.I.M. Ayurvedic Degree College, which had been taken over by the Himachal Pradesh government. The college employees were to be regularised only if they satisfied qualifications, age, and were appointed before the takeover, as per the agreement and a screening

MEERUT DEVELOPMENT AUTHORITY ETC.versusSATBIR SINGH AND ORS. ETC.

1996 INSC 107919 September 1996Dismissed

The Meerut Development Authority sought to acquire land for a housing scheme and had issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 11 June 1985 and a declaration under Section 6 on 13 June 1985, i.e., simultaneously. The respondents challenged the validity of the simultaneous publication

DHARAMBIR SINGHversusUNION OF INDIA AND ORS.

1996 INSC 108119 September 1996Dismissed

Dharmabir Singh applied for a prospecting licence and mining lease for limestone deposits in Haryana, claiming a preferential right under Section 11 of the Mines and Minerals (Regulation & Development) Act, 1957. The State Government notified the area under Rule 59 of the Mineral Concession Rules, 1960, and the Central

SAHIB RAMversusTHE STATE OF HARAYANA AND ORS.

1994 INSC 39919 September 1994Appeal(s) allowed

Sahib Ram was appointed as a librarian in a government college in 1972 on a pay‑scale of Rs 220‑550. Following UGC recommendations, the Government of India upgraded the librarian pay‑scale to Rs 700‑1600, subject to a minimum educational qualification of first or second class M.A./M.Sc./M.Com. plus a first or second cl

UNION OF'. INDIAversusPURNA MUNICIPAL COUNCIL AND ORS.

1991 INSC 24419 September 1991Appeal(s) allowed

The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways Act, 1890, which perm

THE SPECIAL LAND ACQUISITION OFFICER, DHARWADversusSMT. TAJAR HANIFABI

1996 INSC 89919 August 1996Appeal(s) allowed

The Special Land Acquisition Officer acquired six acres of agricultural land near Chikodi municipality for industrial development under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation on an acreage basis, but the reference court and the Karnataka High Court re‑valued the land

UNION OF INDIA AND ORS.versusSHRI PARMANAND

1996 INSC 90019 August 1996Dismissed

The respondent, originally appointed as a Junior Engineer in the Central Public Works Department (CPWD) in 1977, was later selected as an Assistant Engineer by the U.P.S.C. in 1982 and appointed in 1987. The dispute concerned whether, after 18 years of service in CPWD, he should be absorbed in that department or alloca

SOHAN SINGHversusSARWAN SINGH AND ORS.

1996 INSC 90119 August 1996Dismissed

The petitioner and respondent entered into a sale agreement for land on June 14, 1986, with a total price of Rs.85,000 per killa, Rs.6,000 paid as earnest money and the balance of Rs.64,000 to be paid in cash at registration by July 15, 1987. At registration, the respondent presented a bank draft for the balance, but t

HIRABAIversusHANUMANTH KRISHNAJI BHIDE AND ORS.

1996 INSC 90219 August 1996Dismissed

The petitioner, Hirabai, challenged the sale of her 8 acres of agricultural land that had been attached and sold under execution of a money decree. She argued that the proclamation of sale under Order 21 Rule 66 of the CPC was invalid because it did not contain a valuation of the property and alleged material irregular

STATE OF PUNJABversusMANINDER SINGH

1996 INSC 90319 August 1996Dismissed

The State of Punjab filed a Special Leave Petition challenging the Punjab & Haryana High Court's order that quashed the FIR against Maninder Singh for alleged misappropriation of Rs. 1.61 crore of public funds. The Supreme Court directed the State to produce the charge‑sheet and statements of witnesses under Section 16

DR. D.C. SAXENAversusHONBLE THE CHIEF JUSTICE OF INDIA

1996 INSC 75319 July 1996Disposed off

Dr. D.C. Saxena filed a public‑interest writ petition seeking recovery of funds from the Prime Minister, which was dismissed by a bench headed by the Chief Justice of India. He then filed a second writ petition directly against the Chief Justice, alleging bias, procedural improprieties, misuse of official facilities an

STATE OF PUNJABversusLABH SINGH ETC

1996 INSC 75819 July 1996Dismissed

The State of Punjab appealed the acquittal of Labh Singh and others under the Narcotic Drugs and Psychotropic Substances Act, 1985, arguing that the trial court erred by not considering the violation of Section 50, which mandates that an accused be informed of his right to be searched in the presence of a gazetted offi

SHISH RAM AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ORS.

1996 INSC 76119 July 1996Appeal(s) allowed

The case concerned promotion eligibility in the Himachal Pradesh service where Head Clerks (appellants) and Accountants (respondents) had differing pay scales and seniority. Initially, Accountants drew a higher pay scale, but subsequent statutory rules under the proviso to Article 309 raised the Head Clerks' pay and cr

HARYANA URBAN DEVELOPMENF AUTHORITY & ANR.versusER. HARSH JAIN & ORS .

1996 INSC 76319 July 1996Appeal(s) allowed

The Haryana Urban Development Authority (HUDA) allotted an industrial plot to the respondent through a Provisional Letter of Allotment (PLA) dated 29 October 1991 at Rs. 60.50 per sq. yard. The respondent failed to complete the required formalities within the stipulated period and sought an extension, for which HUDA gr

STATE OF JAMMU AND KASHMIRversusSH. BAL RAJ SHARMA AND ORS.

1996 INSC 55119 April 1996Appeal(s) allowed

Melo Devi, a teacher, retired and filed a writ petition for her dues; she died before the petition was decided. Her son, Bal Raj Sharma, was substituted as legal representative and produced a will bequeathing future pension benefits to his son, the grandson of Melo Devi. The question before the Supreme Court was whethe

M/S. KRISHNA MOTOR SERVICE BY ITS PARTNERSversusH.B. VITTALA KAMATH

1996 INSC 55519 April 1996Appeal(s) allowed

The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by Section 69 of the P

STATE OF PUNJABversusBALDEV SINGH KHOSLA

1996 INSC 55619 April 1996Disposed off

Baldev Singh Khosla was promoted to Assistant Registrar of Cooperative Societies in 1990 and placed on a two‑year probation under Rule 10 of the Punjab State Co‑operative Service (Class II) Rules, 1958, which allows extensions up to a total of three years. Although his initial probation ended on 25 November 1992, the g

JAI RAM SHARMAversusJAMMU DEVELOPMENT AUTHORITY

1996 INSC 55719 April 1996Appeal(s) allowed

Jai Ram Sharma, a regular Office Superintendent in the Jammu Development Authority, claimed that he was entitled to be considered for promotion to Public Relations Officer before a deputationist senior stenographer, P.N. Jalla, was promoted. The vacancy arose while Jalla was on deputation, and the Authority promoted Ja

R.S. RAWATversusUNION OF INDIA AND ANR.

1996 INSC 55819 April 1996Disposed off

The appellant, a Havildar of the Indo‑Tibetan Border Police, was deputed to the Intelligence Bureau and on 26 February 1982 was absorbed as a Junior Intelligence Officer (JIO) Grade II. He claimed that his substantive rank in the parent department, JIO Grade I, entitled him to be absorbed as JIO Grade I and alleged a d

STATE OF MADHYA PRADESH AND ANR.versusSHAKRI KHAN

1996 INSC 55919 April 1996Disposed off

The respondent, a Lower Division Clerk appointed before 1973, claimed two advance increments after passing the Hindi type‑writing test in December 1979, relying on various government instructions. The State had introduced a scheme granting such increments only to clerks who passed the test before a cut‑off date of 30 J

UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.

1994 INSC 16119 April 1994

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting interest up to the date

SH. A.S. NARAYANA DEEKSHJTULU ETC. ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

1996 INSC 41119 March 1996Dismissed

The Supreme Court examined the constitutionality of Sections 34, 35, 36, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which abolished hereditary rights of archakas, mirasidars, gamekars and other temple office‑holders. The petitioners, hereditary priests, co

STATE OF BIHAR AND ANR.versusRANCHI ZILA SAMTA PARTY AND ANR.

1996 INSC 40719 March 1996Disposed off

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State government's consent. The Stat

LUDHIANA IMPROVEMENT TRUSTversusBRIJESHWAR SINGH CHHAL AND ANR. ETC.

1996 INSC 40819 March 1996Appeal(s) allowed

The Ludhiana Improvement Trust appealed against a High Court order that awarded a uniform compensation of Rs. 107 per square yard for 13 acres of land acquired for commercial‑residential purposes, rejecting the belting system used by the Land Acquisition Officer who had classified portions of the land as levelled‑up an

MD. ALIMUDDINversusWAIZUDDIN AND ANR.

1997 INSC 15919 February 1997Dismissed

The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on August 20, 1982, not

M/S. ASHOK CATERERSversusMUNICIPAL CORPORATION OF GREATER BOMBAY (BEST UNDERTAKING)

1997 INSC 16019 February 1997Dismissed

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction proceedings under S

SMT. BULAKI (DEAD) BY LRS.versusLAL DHAR AND ORS.

1997 INSC 16119 February 1997Appeal(s) allowed

Bechan, a bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950, executed three gift deeds in favour of his stepson Laldhar—two in June 1951 and one on 18 November 1957. The first two gifts were challenged on the ground that permission for alienation was not properly obtained, but the court held that t

S.S. DAYANANDAversusK.S. NAGESH RAO AND ORS.

1997 INSC 16219 February 1997Dismissed

The respondent obtained a decree for Rs. 3,825.85 and his property was sold on December 18, 1978; the petitioner bought it for Rs. 67,000. The respondent filed an application under Order XXI, Rule 90 of the CPC to set aside the sale, which the executing court dismissed. On appeal, the appellate court set aside the sale

RAMBIR DAS AND ANR.versusKALYAN DAS AND ANR.

1997 INSC 16319 February 1997

The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir Das and his brother a

ASHOK KUMAR SINGHAL AND ORS.versusSTATE OF M.P. AND ANR.

1996 INSC 28119 February 1996Appeal(s) allowed

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the respondents as per the wi

DEV RAJ (DEAD) THROUGH L.RS.versusHARBANS SINGH (DEAD) THROUGH L.RS.

1996 INSC 28219 February 1996Appeal(s) allowed

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor obtained mutation of

BANK OF BARODAversusRAJENDER PAL SONI

1996 INSC 28319 February 1996Appeal(s) allowed

The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies Regulation Act, 1949, w

D. DASEGOWDAversusSTATE OF KARNATAKA AND ORS. T.R. DHANANJA YA AND ORS.

1993 INSC 6319 February 1993Appeal(s) allowed

The appellant, an Assistant Engineer in the Public Works Department, was deputed to the Bangalore City Corporation and later absorbed under the Karnataka Municipal Corporation Rules, 1977. The High Court struck down those rules and set aside his absorption. The State subsequently enacted the Karnataka Municipal Corpora

STATE OF HARYANA AND ORS.versusD.L. UPPAL

1996 INSC 10619 January 1996Appeal(s) allowed

The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending determination of the correct sc

AHMEDABAD MUNICIPAL CORPN. ETC. ETC.versusSHARDABEN AND ORS. ETC. ETC.

1996 INSC 10719 January 1996Dismissed

The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the City Civil Court to enh

STATE OF MADHYA PRADESH AND ANR.versusSRI S.S. KOURA V AND ORS.

1995 INSC 6319 January 1995Appeal(s) allowed

The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of the Governor, which w

SHRI BHAGWAN SINGHversusTHE CHAIRMAN, NOIDA AND ORS.

1995 INSC 6419 January 1995Case Allowed

The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. Residents Emp. Co‑op.

D. KRISHNA VENI AND ANR. ETC.versusSTATE OF ORISSA AND ORS.

1995 INSC 6519 January 1995Dismissed

The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not appeal, but other claima

MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.

1995 INSC 6619 January 1995Appeal(s) allowed

Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the District Registrar; the a

SAMPURAN SINGHversusSTATE OF HARYANA AND ORS.

1994 INSC 1619 January 1994Dismissed

Sampuran Singh's land was declared surplus under the Punjab Security of Land Tenures Act, 1953 in 1964, but he continued to possess and enjoy it. After his three sons became majors, he sought to reopen the declaration and recompute the surplus land under sections 7 and 9 of the Haryana Ceiling on Land Holdings Act, 197

SMT. BHAGWANTI DEVI AND ANR.versusSTATE OF HARYANA AND ANR .

1994 INSC 1719 January 1994Dismissed

The appellants, a family owning 828 standard acres, had surplus land declared under the Punjab Security of Land Tenures Act, 1953 and were granted exemption under Rule 8 to continue using it. When the Haryana Ceiling on Land Holdings Act, 1972 came into force, the appellants argued that the exemption should survive and

SURINDER NATH DEWANversusSTATE OF HARYANA AND ORS.

1994 INSC 1819 January 1994

Surinder Nath Dewan was declared a holder of 15 standard acres of surplus land by a 1960 order under the East Punjab Security of Land Tenures Act. He later obtained a determination that only 5 acres were surplus and sought restoration of land that had been leased out under the East Punjab Area Utilisation of Lands Act.

SMT. RASHMI KUMARversusMARESH KUMAR BHADA

1996 INSC 150718 December 1996Appeal(s) allowed

The wife, Rashmi Kumar, married under Hindu rites, received jewellery, cash and household goods as stridhana from her family and entrusted them to her husband for safekeeping. After being driven out of the matrimonial home, she demanded the return of the stridhana on 5‑December‑1987, which the husband refused. She file

AMBALAL SARABHAI ENTERPRISES LTD. AND ORS.versusPRAKASH CHANDRA ARYA

1996 INSC 151018 December 1996Disposed off

Ambalal Sarabhai Enterprises Ltd. and others appealed against a decree appointing a Receiver over premises occupied by the respondent, Prakash Chandra Arya. The Calcutta High Court Division Bench had declined to interfere with the single judge’s order appointing the Receiver. The Supreme Court, exercising its special l

JASP AL SINGH AND ANR.versusUNION OF INDIA AND ANR.

1996 INSC 151118 December 1996Dismissed

The Supreme Court heard an appeal by Jaspal Singh and another against the Union of India concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired for a cantonment extension in Amritsar. The appellants claimed loss of earnings from their poultry business under clause fourthly of Section 23(

KALIKA PRASAD AND ANR.versusCHHATRAPAL SINGH (DEAD) BY LRS.

1996 INSC 151218 December 1996Dismissed

The appellant filed a suit for declaration of title and possession of agricultural land, while the respondent claimed title by adverse possession. The trial court held that the respondent had acquired title by adverse possession after more than twelve years of uninterrupted possession, but the district court reversed t

STATE OF PUNJAB AND ORS.versusLAL SINGH AND ORS.

1996 INSC 132318 November 1996Appeal(s) allowed

The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their substantive post (J

NIVARTI GOVIND INGALE AND ORS.versusRAVANAGOUDA BHIMANGOUDA PATIL

1996 INSC 132418 November 1996Appeal(s) allowed

Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the reconveyance deed, prompting

PUNJAB STATE ELECTRICITY BOARD, PATIALA AND ANR.versusSURJIT SINGH BRAR

1996 INSC 132518 November 1996Appeal(s) allowed

The respondent, an ex‑army officer who served from 1963 to 1973, was appointed to a civil post in 1979 under the ex‑servicemen quota and was granted pay increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965 (Rules 2 and 4). The State later realised that he was not entitled to

PARSHOTAM SINGH (DEAD) THROUGH LRS.versusHARBANS KAUR AND ANR.

1996 INSC 132718 November 1996Appeal(s) allowed

Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir Singh (respondents) di

BRIG. SAWAI BHAWANI SINGHversusM/S. INDIAN HOTELS COMPANY LTD.

1996 INSC 132818 November 1996Dismissed

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the appointment of a re

UNION OF INDIA AND ORS.versusMAHENDER SINGH AND ORS.

1996 INSC 132918 November 1996Appeal(s) allowed

The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation of age and educationa

GOVERNMENT OE INDIA REPRESENTED BY THE SECRETARYversusK.V. SWAMINATHAN

1996 INSC 133018 November 1996Appeal(s) allowed

K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The Madras High Court ordered

RAMARAVALUGAVADEversusSATABA GAVADU GAVADE (DEAD) THROUGH LRS. AND ANR.

1996 INSC 133118 November 1996Appeal(s) allowed

The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld the abatement. The ap

BIHAR STATE ELECTRICITY BOARDversusAKHIL KRISHNA MITRA AND ORS.

1996 INSC 133218 November 1996Disposed off

The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension for the deputation

STATE OF KERALA ETC.versusGURUVAYUR DEVASWOM MANAGING COMMITTEE AND ORS. ETC.

1996 INSC 133318 November 1996Dismissed

The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his exemplary work. The petit

STATE OF U.P.versusU.P. GOVT. COUNSEL (CRL.) WELFARE ASSOCIATION

1994 INSC 46218 October 1994Appeal(s) allowed

The Allahabad High Court had held that the Uttar Pradesh government could not dispense with the services of its standing counsel, prompting the Governor to issue the Uttar Pradesh Government Litigation (Engagement of Counsel) Ordinance, 1991 to regulate counsel assignments and fees. The High Court stayed the operation

PRAHLAD K. MODI AND ORS. (DEAD) BY LRS.versusSTATE OF GUJARAT

1994 INSC 46418 October 1994Dismissed

The appellants challenged the Gujarat High Court's finding that two acres of land in Sahikpur Bogha, Ahmedabad district, vested in the State under the Bombay Personal Inams Abolition Act, 1952. They argued that Section 5 allowed the inamdar to retain land used for building or non‑agricultural purposes and that Section

VAMAN PRABHU MAHAMBREversusMARIA ALCINA DE MENEZES E GONSALVES AND ORS.

1994 INSC 46518 October 1994Dismissed

The husband of the first respondent hypothecated his house and land in 1954 for a loan of Rs.12,500 and later migrated to Portugal. The property was declared evacuee under the Goa, Daman & Diu Administration of Evacuee Property Act, 1964 and was sold at public auction to the appellant, who obtained registration in 1969

JAIPUR DEVELOPMENT AUTHORITYversusMAHAVIR HOUSING CO-OP., SOCIETY, JAIPUR ETC.

1996 INSC 106918 September 1996Appeal(s) allowed

The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. The civil court enha

UNION OF INDIA AND ANR.versusMADHAV S/0. GAJANAN CHAUBAL AND ANR.

1996 INSC 107018 September 1996Appeal(s) allowed

The Government created a single post of Secretary in the National Savings Scheme Service and applied a 40‑point roster and rule of rotation to reserve vacancies for Scheduled Tribes. When a vacancy at point No. 4 arose, a Scheduled Tribe candidate was to be promoted from the Superintendents, but the Central Administrat

THE STATE OF PUNJABversusDES RAJ

1996 INSC 54618 April 1996Appeal(s) allowed

The State of Punjab appealed a compensation award granted to Des Raj for land acquired under the Land Acquisition Act, 1894. The original award of Rs. 4,500 per acre was enhanced by the Additional District Judge in 1982 to Rs. 25,000 per acre, and further enhanced by a Single Judge in 1988 to Rs. 43,000 per acre, apply

DHANNA RAMversusUNION OF INDIA AND ORS.

1996 INSC 54718 April 1996Dismissed

The appellant, a Scheduled Caste candidate, was selected for the post of Goods Clerk/Coaching Clerk under the reserved quota with relaxed standards, but the initial communication erroneously stated he was selected on general standards. The error was later corrected, placing him in the reserved‑quota list; however, no v

STATE OF M.P. AND ORS.versusSADASHIV ZAMINDAR

1996 INSC 54818 April 1996Appeal(s) allowed

The respondent, an Upper Division Teacher, claimed the status and salary of a Lecturer based on a 1962 recognition, but was denied higher pay on the "no work, no pay" principle. After retiring in 1983, he filed a writ petition for arrears from 1962 to the notional promotion date, which was transferred to the Madhya Pra

ORISSA STATE FINANCIAL CORPORATION AND ANR.versusM/S. HOTEL JOGENDRA

1996 INSC 54918 April 1996Appeal(s) allowed

The Orissa State Financial Corporation (OSFC) had advanced a loan of Rs. 14.68 lakh to M/s Hotel Jogendra for hotel construction, with a scheduled repayment over 18 years. The hotel defaulted, leading to a re‑phasing order under the State Financial Corporations Act, 1951, which the hotel failed to comply with, promptin

M.P. ELECTRICITY BOARD, JABALPUR AND ORS.versusHARSH WOOD PRODUCTS AND ANR.

1996 INSC 55018 April 1996Appeal(s) allowed

The Madhya Pradesh Electricity Board inspected the meters of Harsh Wood Products and found tampered seals indicating theft of electricity. The Board issued a notice demanding payment of Rs 6,51,256.61 and threatened disconnection of supply. The High Court set aside the demand, holding that the consumer was entitled to

DIRECTOR OF TRIBAL WELFARE GOVERNMENT OF ANDHRA PRADESHversusLAVETI GIRI AND ANR

1995 INSC 27218 April 1995Appeal(s) allowed

The Supreme Court examined an appeal by the Director of Tribal Welfare against LAVETI GIRI, who had obtained admission to an engineering course on the basis of a caste certificate claiming he belonged to the Konda Kapu Scheduled Tribe. The certificate was issued by a Tehsildar who lacked jurisdiction, and the responden

M/S. ANGILE INSULATIONSversusM/S. DAVY ASHMORE INDIA LTD. AND ANR.

1995 INSC 27318 April 1995Dismissed

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. The trial court return

MADANAGOPALversusP.K.A. RAMACHANDRA MUDALIAR (DEAD) BY LRS. AND ORS.

1995 INSC 27418 April 1995Dismissed

The appellant, Madanagopal, son of Jayarama Mudaliar, claimed a one‑fourth share in certain properties alleging they were joint family assets. Earlier, in 1947, his father and uncle had denied being members of the joint family and settled a partition suit by accepting a cash sum. In 1965 the appellant filed a partition

SUBHASHGIR KHUSHALGIR GOSAVI AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ORS.

1996 INSC 40218 March 1996Dismissed

The petitioners challenged a notification issued under Section 4(1) of the Land Acquisition Act, 1894 for acquiring land in Pandharpur to extend an existing state transport bus stand and depot. They argued that the land, reserved for residential use under the Maharashtra Regional Town Planning Act, 1966, could not be u

DR. G.N. KHAJURIA AND ORS.versusD.D.A. AND ORS.

1996 INSC 40318 March 1996IA disposed

The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. The Delhi High Court,

TELECOM DISTRICT MANAGER, GOA AND ORS.versusV.S. DEMPO & CO. AND ORS.

1996 INSC 40418 March 1996Dismissed

The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator under Section 7B of

STATE OF ORISSAversusDIVISIONAL MANAGER, LIC AND ANR.

1996 INSC 40518 March 1996Appeal(s) allowed

Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the Supreme Court, arguing

DIRECTOR GENERAL OF POLICE AND ORS.versusMRITYUNJOY SARKAR AND ORS.

1996 INSC 40618 March 1996Appeal(s) allowed

The respondents were appointed as constables in the State Armed Police in April 1985 based on a list supplied by the Katwa Employment Exchange. The Labour Commissioner later declared that the list was fabricated and directed the authorities to take action, leading to the respondents' discharge effective 1 January 1986

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBLHARL LAL AND OTHERS ETC.

1994 INSC 12118 March 1994Dismissed

The tenant, Biharlal, applied under Section 18 of the Punjab Security of Land Tenures Act, 1953 to purchase 224 kanals 18 marlas of land owned by Harjinder Singh Brar. The Assistant Collector approved the purchase, but the land‑owner appealed, leading to a series of appellate and revisional orders that upheld the tenan

B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.

1994 INSC 12518 March 1994Disposed off

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for future interest. On

COL. SIR HARINDER SINGH BRAR BANS BAHADURversusBIHARI LAL AND ORS. ETC.

1994 INSC 12618 March 1994Dismissed

Harinder Singh, the landowner, sold a tenanted parcel of land to his tenant Bihari Lal under Section 18 of the Punjab Security of Land Tenures Act, 1953. The tenant applied for purchase, was granted a purchase price, and deposited the first instalment on 12 March 1963, thereby becoming a deemed owner. Before this depos

CHIRANJILAL SHRILAL GOENKA(DECEASED) THROUGH LRversusJAGJIT SINGH AND ORS.

1993 INSC 10218 March 1993Disposed off

The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as arbitrator to resolve the

TAMIL NADU ELECTRICITY BOARDversusM/S. BRIDGE TUNNEL CONSTRUCTIONS AND ORS.

1997 INSC 15518 February 1997Appeal(s) allowed

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and appointed a sole arbit

STATE OF BIHARversusSRI RA.IENDRA AGRAWALLA

1996 INSC 9418 January 1996Appeal(s) allowed

The police seized a truck loaded with stolen railway track pieces and recorded a report, treated as an FIR, alleging that the goods were loaded from the factory of Rajendra Agarwalla. A charge‑sheet was filed and the magistrate took cognizance of an offence under Section 414 IPC. The respondent petitioned the Patna Hig

M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM

1996 INSC 9718 January 1996Dismissed

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued that Section 19(2) of

RADHIKA DEVIversusBAJRANGI SINGH AND ORS.

1996 INSC 9818 January 1996Dismissed

The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was fraudulent and therefore

SH. S.V. BHIMA BHATIA AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

1996 INSC 9918 January 1996Disposed off

The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should be computed as of th

STATE OF MADHYA PRADESHversusSURENDRA KUMAR AND ANR.

1995 INSC 5318 January 1995Appeal(s) allowed

The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the State, and the owner exec

MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .

1995 INSC 5418 January 1995Dismissed

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition was filed in the Hig

KHANNA IMPROVEMENT TRUSTversusLAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 5518 January 1995Appeal(s) allowed

The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but unilaterally increa

STATE OF HARYANAversusGURCHARAN SINGH AND ANR. ETC.

1995 INSC 5618 January 1995Appeal(s) allowed

The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the trees, a practice the St

GIAN CHANDversusGOPALA AND ORS.

1995 INSC 5718 January 1995Appeal(s) allowed

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 3‑August‑1977, indicated the

STATE OF MADHYA PRADESHversusSMT. SHANTABHAI AND ORS.

1995 INSC 5818 January 1995Appeal(s) allowed

The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at Rs.1,500 per acre; th

UNION OF INDIA AND ORS.versusP. JAGDISH AND ORS.

1996 INSC 149817 December 1996Dismissed

The respondents, senior clerks promoted to head clerks, claimed that their pay should be fixed on a notional basis as if they had received a special allowance of Rs.35 per month that was granted only to senior clerks posted in identified arduous posts. The Central Administrative Tribunal, on equitable grounds, directed

MEDIWELL HOSPITAL AND HEALTH CARE PVT. LTD.versusUNION OF INDIA AND ORS.

1996 INSC 149917 December 1996Appeal(s) allowed

The appellant, a privately run Modern Heart Institute and Research Centre, applied for a certificate under Notification No. 64/88‑Customs (issued under Section 25 of the Customs Act, 1962) to import sophisticated hospital equipment without paying customs duty. The Director General of Health Services refused the certifi

HARYANA URBAN DEVLOPMENT AUTHORITY AND ANR.versusRANJAN DHAMINA AND ANR.

1996 INSC 150017 December 1996Dismissed

The Haryana Urban Development Authority (HUDA) had provisionally allotted an industrial plot to the respondents and later issued a final allotment letter fixing the price at Rs.3,78,250. After the respondents paid the balance, HUDA issued a further notice demanding an additional Rs.4,66,847, invoking Clause 9 of the al

RAM GANESH TRIPATHI AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 150117 December 1996Disposed off

The appellants, who were directly recruited Sahayak Nagar Adhikaris, challenged the Government’s order granting selection grade to ad‑hoc appointees whose services were regularised only on 17 May 1985, despite those appointees being junior to the appellants. The High Court dismissed the petition on the ground that the

STATE OF U.P.versusSHER SINGH AND ORS.

1996 INSC 150417 December 1996Appeal(s) allowed

The State of Uttar Pradesh filed a suit under Section 6 of the Urban Land (Ceiling & Regulation) Act, 1976 seeking a declaration that the respondent, Ram Het, held vacant urban land in excess of the prescribed ceiling. The competent authority found an excess of 1,146.0430 sq m and the matter was appealed before the Dis

SANWAT SINGHversusZAIL SINGLF AND ORS.

1996 INSC 150517 December 1996Appeal(s) allowed

Dalip Kaur sold her land to Jeet Kanwar in 1967. Zail Singh obtained a decree of pre-emption and attempted to take possession of the property, which was then occupied by the appellant who claimed to be a tenant of the vendor since before 1957. The trial court granted a perpetual injunction in favor of the appellant, bu

STATE OF PUNJAB AND ORS.versusMOHINDER SINGH CHAWLA ETC.

1996 INSC 150617 December 1996Disposed off

A government servant suffering from a heart ailment was permitted to obtain specialized treatment at AIIMS/Escorts Heart Institute because such facilities were unavailable in Punjab state hospitals. He submitted his medical bills for reimbursement, including the actual room rent paid during his inpatient stay, but the

PRAKASH MAROTIRAO SHEREversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 75417 November 1995Disposed off

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable for finalising the vo

STATE OF WEST BENGALversusSUBAL CHANDRA DAS AND ORS.

1995 INSC 75517 November 1995Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, could be given a higher

SHANTISTAR BUILDERSversusNARAYAN KHIMALAL GOTAME AND ORS. ETC.

1995 INSC 75317 November 1995Disposed off

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit seeking to modify thi

P.N. KRISHNA LAL AND ORS. ETC. ETC.versusGOVT. OF KERALA AND ANR. ETC. ETC.

1994 INSC 52417 November 1994

The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for possessing adulterated liqu

UNION OF INDIA AND ORS.versusKARNAIL SINGH AND ORS.

1994 INSC 52517 November 1994

The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners filed an application und

M/S NEW KENILWORTH HOTELS (P) LTD.versusASHOKA INDUSTRIES LTD. AND ORS.

1994 INSC 46017 October 1994Dismissed

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial Corporation, which had ta

M/S. SHAPERS CONSTRUCTION (P) LTD. AND ANR.versusAIRPORT AUTHORITY OF INDIA AND ANR.

1996 INSC 106317 September 1996Dismissed

The petitioners, Shapers Construction (P) Ltd. and another, applied for tender forms from the Airport Authority of India, invoking a tender condition that required having satisfactorily completed at least two runway or national highway works of specified value within the last five years. They claimed that they had exec

M/S. KALYANJI VITHALDAS AND SONSversusTHE STATE OF M.P. AND ORS.

1996 INSC 106417 September 1996Dismissed

The appellant firm had a three‑year agreement with the Government of Madhya Pradesh for the purchase of tendu leaves, which was renewable annually. The appellant offered renewal on 7 December 1968; the Government accepted the offer on 31 January 1969, but the acceptance was communicated to the appellant only on 7 Febru

JAYKUMAR GANPATI WAIKARversusNIVRITTI SAKHARAM TITWE AND ORS.

1996 INSC 106517 September 1996Dismissed

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March 1968. The tenant is

D.K. CHHANGANI AND ORS.versusNITYA RANJAN MUKHERJEE AND ORS.

1996 INSC 106617 September 1996Disposed off

The appeal arose from a Calcutta High Court order concerning the recognition of a rival union of Geological Survey of India employees. The dispute centered on whether the High Court had jurisdiction to review an Industrial Tribunal's decision in Maharashtra regarding the membership and recognition of that union. The Su

GHEEVARGHESE MATHEW ETC.versusSTATE OF KERALA AND ANR. ETC.

1996 INSC 106717 September 1996Dismissed

The petitioners challenged the compensation awarded for land acquired by the Greater Cochin Development Authority under the Kerala Land Acquisition Act, 1950 (equivalent to the Land Acquisition Act, 1894). The acquisition officer initially fixed compensation at Rs 280 per cent, the civil court raised it to Rs 1800, and

M/S. ESTER INDUSTRIES LTD.versusU.P. STATE ELECTRICITY BOARD AND ORS.

1996 INSC 106817 September 1996Dismissed

The Government of Uttar Pradesh issued a policy on 16 July 1986 granting a 10% developmental rebate on electricity to newly set‑up industries, valid until 1990. Ester Industries Ltd., having established a plant, claimed the rebate, but the Uttar Pradesh State Electricity Board issued a tariff without it, prompting a wr

DESH BANDHU GUPTAversusN L. ANAND AND RAJINDER SINGH

1993 INSC 30117 September 1993Appeal(s) allowed

The appellant, a tenant, had deposited rent exceeding the decretal amount before execution proceedings were initiated. The execution court, without serving any notice to the judgment debtor, sold his 550‑sq‑yard plot to the second respondent for Rs 1,05,000, despite the decree debt being only Rs 7,780.33 and the proper

BHAGWANT RAI AND ORS.versusSTATE OF PUNJAB AND ORS

1995 INSC 47217 August 1995Appeal(s) allowed

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The respondents argued that t

KHAGENDRA LALL DUTTA AND ANR.versusJACOB SOLE JACOB

1995 INSC 47317 August 1995Appeal(s) allowed

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, alleging that the respon

THE ASSISTANT COMMISSIONER,GADAG SUB-DIVISION, GADAGversusMATHAPATHI BASAVANNEWWA AND ORS.

1995 INSC 47417 August 1995Dismissed

The Assistant Commissioner, GADAG Sub‑Division appealed against a decision that land owners were entitled to additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The land was taken into possession on 23‑Jan‑1971, the notification under Section 4(1) was published on 2‑Aug‑1994, and the award

THE TALUK LAND BOARD, KAZHIKODE AND ORS.versusDR. BABUCOMMEN THOMAS

1995 INSC 47517 August 1995Appeal(s) allowed

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause (a) of the Explanatio

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 47617 August 1995Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their right to occupy thei

SUPERINTENDENT OF POLICE(C.B.I)versusDEEPAK CHOWDHARY AND ORS.

1995 INSC 47717 August 1995Appeal(s) allowed

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file a charge‑sheet for s

STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.

1995 INSC 47817 August 1995Appeal(s) allowed

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court examined whether suc

REGISTRAR, CO-OPERATIVE SOCIETIES, WEST BENGALversusKRISHNA KUMAR SINGHANIA AND ORS.

1995 INSC 47917 August 1995Appeal(s) allowed

The Registrar of Co-operative Societies, West Bengal, appointed an arbitrator under the West Bengal Cooperative Societies Act, 1983 to resolve a dispute with a transport contractor. The arbitrator failed to render an award within the one‑year period prescribed by s.96(5)&(6). The contractor approached the Calcutta High

M/S. KHADI AND VILLAGED SOAP INDUSTRIESversusSTATE OF HARYANA & OTHERS

1994 INSC 32317 August 1994Dismissed

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative societies to those whos

BALA SHANKAR MAHA SHANKAR BHATTJEE AND ORS.versusCHARITY COMMISSIONER, GUJARAT STATE

1994 INSC 32517 August 1994

The appellants challenged the registration of the ancient Kalika Mataji temple as a public trust under the Bombay Public Trusts Act, 1950, arguing that it was a private family temple based on a historic will and internal restrictions. The respondents contended that the temple, whose origin is lost in antiquity, had bee

ESSKEY ROADWAYS (FIRM)versusANANDHAKRISHNAN BUS SERVICE

1994 INSC 32617 August 1994

The appellant and respondent both applied for a stage‑carriage permit. The Regional Transport Authority (RTA) awarded marks based on the date of application, granting the permit to the appellant. The respondent appealed, and the State Transport Appellate Tribunal (STAT) set aside the RTA’s order, holding that the date

BASHA AND ORS.versusKHAIRUNNESSA BIVI AND ORS.

1994 INSC 32717 August 1994

The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file a suit on 4 July 19

DR. BHANU PRAKASH SINGH AND ORS.versusTHE HARYANA AGRICULTURAL UNIVERSITY

1994 INSC 32817 August 1994Dismissed

Twenty‑eight lecturers of Haryana Agricultural University were selected in 1978 to pursue Ph.D. studies as in‑service candidates under a leave of kind. Due to a financial stringency, the university prohibited in‑service candidates from receiving full salary and allowances during the study period, and the appellants wer

MD. HABIBUL HAQUEversusUNION OF INDIA AND ORS.

1994 INSC 32917 August 1994

The appellant, a Preventive Officer Grade‑II, was penalised with a one‑year reduction in pay scale with cumulative effect and later promoted to Grade‑I effective 9 August 1974. He claimed seniority from the date he became eligible for fitment in Grade‑I, arguing that his junior was promoted on 29 February 1968 and that

RAMCHANDRA GANPAT SHINDE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 26717 August 1993Appeal(s) allowed

The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 September 1992. Two members

DR. SURINDER SINGH JAMWAL AND ANR.versusTHE STATE OF JAMMU AND KASHMIR AND ORS.

1996 INSC 75117 July 1996Disposed off

Dr. Surinder Singh Jamwal and another doctor were appointed on an ad hoc basis in the Jammu & Kashmir health service and had served for more than thirteen years. They filed a petition seeking regularisation of their posts, arguing that their long service created a right to be appointed regularly. The High Court dismiss

STATE OF HARYANAversusCHANDVIR AND ORS.

1996 INSC 54117 April 1996Dismissed

The case arose from a violent altercation on 21 September 1984 in which the deceased Rajpal was attacked and later died from injuries. The prosecution charged Chandvir and Rohtash (A1 and A2) with murder under Section 302 read with Section 32 of the IPC and also under Section 149 for rioting. The trial court convicted

SH. RAGHUBIR SINGH AND ORS.versusSTATE OF U.P. AND ORS.

1996 INSC 54217 April 1996Dismissed

The third respondent, a tenure‑holder of agricultural land in Uttar Pradesh, transferred 64 bighas each to the appellants in 1974. The prescribed authority declared those transfers void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and ordered the surplus land to be surrendered. The a

STATE OF RAJASTHAN AND ORS.versusNOOR BANO ETC. ETC.

1995 INSC 26317 April 1995Appeal(s) allowed

The Supreme Court examined two government orders concerning pensions of State of Rajasthan employees who retired before 1 September 1986. The 1987 order guaranteed a minimum monthly pension of Rs 300, inclusive of original pension and temporary increases. A later 1989 order provided additional relief ranging from Rs 50

S.V.R. MUDALIAR (DEAD) BY LRS. AND ORS.versusMRS. RAJABU F. BUHARI (DEAD) BY LRS. AND ORS.

1995 INSC 26417 April 1995Appeal(s) allowed

The plaintiff S.V.R. Mudaliar sold two properties to Mrs. Rajabu Buhari in 1959 and, based on a written "gentleman's understanding" recorded as a "Record of Fact" (Ex.P1), expected the properties to be reconveyed if the purchase price was repaid within three years, with a 10% solatium. One property was reconveyed, the

M.J. SIVANI AND ORS.versusSTATE OF KARNATAKA AND ORS.

1995 INSC 26517 April 1995Dismissed

The petitioners, operators of video game parlours, were directed by the Commissioner of Police in Bangalore and the Commissioner in Madras to obtain licences under the respective licensing orders and police acts. They challenged the requirement, arguing that video games are not "gaming" within the meaning of the Tamil

WARDINGTON LYNGDOH AND ORS.versusTHE COLLECTOR, MAWKYRWAT

1995 INSC 26617 April 1995Dismissed

The case concerned lands acquired for construction of explosive magazines under the Land Acquisition Act, 1894. The Collector awarded compensation, which the petitioners accepted by signing an agreement (Ex‑B) and received the amount. Subsequently they objected to the award and, without having taken protest at the time

BUTA SINGH (DEAD) BY L.RS.versusUNION OF INDIA

1995 INSC 26717 April 1995Dismissed

The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount originally claimed. After the

STATE OF MANIPUR AND ORS.versusSMT. A. ONGBI MEMCHA DEVI AND ANR.

1995 INSC 26817 April 1995Appeal(s) allowed

A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the appointment of her brother

SMT. K. PONNAMMAversusTHE STATE OF KERALA AND ORS.

1997 INSC 27717 March 1997Dismissed

The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a subsistence allowance

UNION OF INDIA AND ORS.versusBRIJ LAL THAKUR

1997 INSC 27817 March 1997Appeal(s) allowed

The vacancy for an E.C.G. Technician in the Northern Railway Hospital was filled by promoting a Scheduled Caste candidate, Prakash Kaur, under a 40‑point roster and rule of rotation that reserved the post for SCs. An unsuccessful general‑category candidate challenged the promotion, arguing that reserving a solitary pos

THE FLAG OFFICER COMMANDING-IN-CHIEF AND ANR.versusMRS. M.A. RAJANI AND ANR.

1997 INSC 27917 March 1997Dismissed

The Flag Officer Commanding‑in‑Chief and others appealed against a decision of the Central Administrative Tribunal (CAT) that ordered the appointment of Mrs. M.A. Rajan, a Scheduled Caste candidate, to a Grade III Stenographer post in the Ministry of Defence. The recruitment rules prescribe three sources of appointment

HUKAM RAJ KHINVSARAversusUNION OF INDIA AND ORS.

1997 INSC 28017 March 1997Dismissed

The appellant, a government employee, was dismissed after suspension but the Central Administrative Tribunal set aside the dismissal and reinstated him on 13 March 1992, also directing that he receive all consequential benefits. The appellant did not receive those benefits, filed a contempt petition which was dismissed

MOHAN LAL AND ORS.versusSTATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY, EXCISE AND TAXATION DEPARTMENT, GOVERNMENT SECRETARIAT, SHIMLA-2 AND ORS.

1997 INSC 28117 March 1997Appeal(s) allowed

Mohan Lal and others appealed against an order of the Himachal Pradesh Administrative Tribunal concerning the inter‑seniority of direct‑recruits to the Excise and Taxation Inspectorate (Class III) Service. The dispute centered on the interpretation of Rule 11 and Rule 4 of the Himachal Pradesh Excise and Taxation Depar

POWER FINANCE CORPORATION LTD.versusPRAMOD KUMAR BHATIA

1997 INSC 28317 March 1997Appeal(s) allowed

The respondent, an employee of Power Finance Corporation Ltd., applied for voluntary retirement under a scheme intended to reduce surplus staff. The corporation accepted his resignation on 20 December 1994, subject to the clearance of outstanding dues, and said the acceptance would be effective from 31 December 1994. T

PALLAVA GRANITES INDUSTRIES INDIA (P) LTD.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

1997 INSC 28417 March 1997Dismissed

The petitioner applied for a 15‑year mining lease over 12.08 acres of private land in Prakasam district, Andhra Pradesh. The Director initially granted a six‑month lease, but the landowners challenged the grant and the High Court ordered that any lease could be issued only with the owners' consent. Despite this directi

SMT. SATI RANI SENversusM/S. INDIAN STANDARD CASTING CO. AND ANR.

1997 INSC 28517 March 1997Disposed off

The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo order and an ad inte

GANESH S/O GULABRAO SUROSHEversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 28617 March 1997Dismissed

The appellant, Ganesh, a member of the forward caste ‘Thakur’, claimed that he belonged to the Scheduled Tribe categories ‘Ma Thakur’ or ‘Ka Thakur’ in Maharashtra and applied for a caste certificate. The Scrutiny Committee examined his claim and rejected it, finding that he did not satisfy the affinity test required f

K. SASIDHARANversusKERALA STATE FILM DEVELOPMENT CORPORATION

1994 INSC 11917 March 1994Dismissed

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras Detailed Standard Spec

STATE OF U.P. AND ORS.versusAJAY KUMAR

1997 INSC 14617 February 1997Appeal(s) allowed

The respondent, Ajay Kumar, was appointed on a daily‑wage basis as a Class IV Nursing Orderly in a medical college on 14 February 1985. He filed a writ petition seeking regularisation, but the single judge held that no statutory rule or administrative instruction existed to convert his daily‑wage appointment into a per

THE STATE OF TAMIL NADU AND ORS.versusA. GURUSAMY

1997 INSC 14717 February 1997Appeal(s) allowed

The respondent, A. Gurusamy, obtained a certificate in 1971 claiming Scheduled Tribe (Kattunaicken) status, which was later cancelled after an enquiry revealed he belonged to a Scheduled Caste (Thotti). He filed a civil suit seeking a declaration that he is a Scheduled Tribe; the trial court and appellate court granted

STATE OF RAJASTHANversusR. DAYAL AND ORS.

1997 INSC 14817 February 1997Disposed off

The case concerned appointments of two engineers, B.S. Bhatnagar and H.L. Meena, to vacancies in the Rajasthan Service of Engineers (Building and Roads Branch) after the Rules were amended on 24 July 1995. The respondents challenged the appointments, arguing that the amended rules, which introduced new qualification cr

UNION OF INDIA AND ORS. ETC.versusB. PRASAD, B.S.O., AND ORS. ETC .

1997 INSC 14917 February 1997Disposed off

The Supreme Court heard appeals arising from the Central Administrative Tribunal’s orders concerning the payment of Special Duty Allowance and Special Compensatory (Remote Locality) Allowance to defence civilian employees posted in the North‑Eastern region. The Union of India argued that the employees were entitled to

SADHVI RITUMBHARAversusDIGVIJA Y SINGH AND ANR.

1997 INSC 15117 February 1997

The Supreme Court disposed of an appeal from the Madhya Pradesh High Court and directed lower courts to decide the matter on its merits without being influenced by the High Court’s findings. After the order, M.P. Mishra, Assistant Director of Public Relations, issued a press release falsely stating that the Supreme Cou

VINAY PRAKASH AND ORS.versusSTATE OF BIHAR & ORS.

1997 INSC 15217 February 1997Dismissed

The petitioners, members of the Lohar community in Bihar, sought recognition as a Scheduled Tribe (ST) under the name "Lohara" based on a Presidential notification. The Supreme Court examined whether the erroneous inclusion of "Lohars" in the Hindi translation of the notification, absent in the English version, could c

JAIPUR DEVELOPMENT AUTHORITYversusRADHEY SHYAM AND ORS.

1994 INSC 7817 February 1994Appeal(s) allowed

The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to the respondents in l

RAJKOT MUNICIPAL CORPORATIONversusMANJULBEN JAYANTILAL NAKUM AND ORS.

1997 INSC 3417 January 1997Appeal(s) allowed

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and the Gujarat High Cou

MR. SANTOSH KUMAR VERMA AND ORS.versusSTATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA AND ORS.

1997 INSC 3717 January 1997Dismissed

The appellants were appointed as Assistant Engineers on daily wages and later placed on a regular pay scale under Section 6(3) of the Bihar Regional Development Authority Act, 1981. The Authority sought to regularise their services, but the Government referred the matter to the Public Service Commission, which did not

STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.

1997 INSC 3817 January 1997Disposed off

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the millers. The State argue

STATE OF PUNJAB AND ORS.versusHARNAM SINGH AND ORS.

1997 INSC 3917 January 1997Appeal(s) allowed

The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken on would be treated a

AFZAL AND ANR.versusSTATE OF HARYANA AND ORS.

1996 INSC 8417 January 1996Disposed off

Two minor boys were illegally detained by police to coerce a criminal suspect. The Supreme Court ordered the police to file counter‑affidavits denying the detention, but the affidavits were later found to be false and the signature of Superintendent M.S. Ahlawat was forged by a head constable on instructions from senio

PANNALAL BANSILAL PITTI AND ORS. ETC.versusSTATE OF ANDHRA PRADESH

1996 INSC 8517 January 1996Disposed off

The petitioners, hereditary trustees of several Hindu charitable and religious institutions in Andhra Pradesh, challenged Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging violations of Articles 14, 15, 25 and 26 of the Constitution.

KARNATAKA PUBLIC SERVICE COMMISSIONversusP.S. RAMAKRISHNA

1996 INSC 8017 January 1996Appeal(s) allowed

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv

N. NARASIMHAIAH AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. UNION OF INDIA AND ORS.

1996 INSC 8217 January 1996Dismissed

The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2

STATE OF TAMIL NADU AND ORS.versusL. KRISHNAN AND ORS.

1996 INSC 8317 January 1996Disposed off

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple

NIKKIversusUNION OF INDIA AND ANR.

1995 INSC 4517 January 1995Dismissed

The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the Additional District Judge and

SANT SARAN GOSWAMI @ DEOJIversusTHE STATE OF BIHAR AND ORS.

1995 INSC 4617 January 1995Dismissed

The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A (effective 06‑04‑1981) al

UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1995 INSC 4717 January 1995Appeal(s) allowed

The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced interest, and the High

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